Roh111 Posted February 4, 2021 Report Share Posted February 4, 2021 (edited) My H1B Max out date is on 03/09/2021 and my PERM was filed on March 22 2020. My PERM is still pending with DOL. What options do I have to stay back in the US legally? Edited February 4, 2021 by Roh111 Quote Link to comment
PRETTZMAD Posted February 4, 2021 Report Share Posted February 4, 2021 Its the same situation for us , will exiting US an option? Can H1 extension can be filed while I am in India, is it entertained for such short period? Incase you find any answer or solution pls advise . Quote Link to comment
Mav777 Posted March 1, 2021 Report Share Posted March 1, 2021 Not many options at this point if your perm is still pending. You will have to leave the country latest by march 9. If the perm is still pending on march 22, the company can file for a 1 year h1 extension based on the 365 day pending perm. Once approved you will have to get it stamped and can return. alternatively, if the perm was approved prior to March 9, then the company needs to file for a 1-140 immediately. If the I-140 is approved then an h1b extension can be filed. If both the i140 approval and the h1b extension filing happens before or by March 9 then you won’t need to leave the country. If both don’t happen then you will have to leave by march 9 and wait outside the country similar to scenario 1 and return after getting h1extension approval and stamping. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.